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| | Page 13, line 34 [Clause 25], leave out subsection (5). |
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| | Page 14, line 14 [Clause 26], at end insert— |
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| | | ‘( ) | This section applies in relation to the Scottish Ministers and the functions of the |
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| | | Scottish Ministers under this Chapter as it applies in relation to the Secretary of |
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| | | State and the functions of the Secretary of State under this Chapter.’. |
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| | Page 15, line 1 [Clause 28], leave out from ‘if’ to end of line 5 and insert ‘— |
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| | | ‘(a) | the Secretary of State thinks that disclosure of the information would be |
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| | | contrary to the interests of national security, or |
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| | | (b) | the licensing authority thinks that disclosure of the information would |
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| | | prejudice to an unreasonable degree a person’s commercial interests.’. |
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| | Page 15, line 9 [Clause 28], leave out ‘Secretary of State’ and insert ‘licensing |
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| | Page 15, line 10 [Clause 28], leave out ‘Secretary of State’ and insert ‘licensing |
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| | Page 15, line 28 [Clause 29], at end insert ‘, subject to subsections (1A) and (2). |
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| | | (1A) | In relation to a carbon storage installation established or maintained at a |
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| | | controlled place under a licence granted by the Scottish Ministers— |
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| | | (a) | the functions conferred on the Secretary of State by Part 4 of the 1998 Act |
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| | | are exercisable by the Scottish Ministers rather than the Secretary of State |
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| | | (and, accordingly, the reference in section 39(6) of the 1998 Act to either |
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| | | House of Parliament is to be read as a reference to the Scottish |
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| | | |
| | | (b) | the Scottish Ministers may make regulations providing that that Part |
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| | | applies with such other modifications as may be specified in the |
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| | | (1B) | For the purposes of subsection (1A), orders under section 32(1) are to be |
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| | | disregarded and installations used for a purpose ancillary to getting petroleum |
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| | | (within the meaning of section 1 of the 1998 Act) are not to be treated as carbon |
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| | Page 15, line 29 [Clause 29], leave out ‘But’ and insert ‘In relation to any other |
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| | carbon storage installation’. |
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| | Page 15, line 30 [Clause 29], leave out ‘a carbon storage’ and insert ‘such an’. |
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| | Page 15, line 37 [Clause 30], leave out ‘Secretary of State’ and insert ‘licensing |
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| | Page 15, line 39 [Clause 30], leave out ‘Secretary of State’ and insert ‘licensing |
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| | Page 17, line 19 [Clause 33], at end insert— |
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| | | ‘(8) | This section applies in relation to the Scottish Ministers and any functions |
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| | | conferred on them by or under this Chapter as it applies in relation to the |
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| | | Secretary of State and any functions conferred on the Secretary of State by or |
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| | | under this Chapter, except that— |
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| | | (a) | in its application to the Scottish Ministers the reference in subsection |
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| | | (4)(b) to the Consolidated Fund is to be read as a reference to the Scottish |
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| | | |
| | | (b) | the reference in that subsection to section 188 of the Energy Act 2004 is |
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| | | to be read as a reference to that section as applied and modified by |
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| | | subsection (12) (inserted by paragraph 13(e) of Schedule 1 to this Act).’. |
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| | Page 17, line 33 [Clause 34], at end insert— |
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| | | ‘“licensing authority” has the meaning given by section 17(1A).’. |
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| | Page 19 [Clause 36], leave out lines 5 to 12. |
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| | Page 24, line 44 [Clause 36], leave out subsections (4) and (5). |
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| | Page 55, line 47 [Clause 67], at end insert— |
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| | | ‘(7) | In section 31 of that Act (notices: supplementary provision), before subsection (1) |
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| | | |
| | | “(A1) | The Secretary of State may not give a notice under section 29(1) in |
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| | | relation to an offshore installation to a person (“P”) who, in relation to the |
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| | | installation, falls within paragraph (b) or (c) of section 30(1), if— |
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| | | (a) | P is not entitled to derive, and never has been entitled to derive, |
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| | | any financial or other benefit from the installation, and |
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| | | (b) | P is not, and never has been, a person within section 30(1)(a), |
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| | | (ba), (d) or (e) in relation to the installation. |
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| | | (B1) | The Secretary of State may not give a notice under section 29(1) in |
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| | | relation to an offshore installation to a body corporate if— |
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| | | (a) | the body corporate falls within paragraph (e) of section 30(1) |
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| | | (and no other paragraph of that section), and |
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| | | (b) | the body corporate falls within that paragraph by reason only that |
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| | | it is associated (within the meaning given by section 30(8)) with |
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| | | a person to whom the Secretary of State may not give a notice in |
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| | | relation to the installation by virtue of subsection (A1).” |
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| | | (8) | In section 34 of that Act (revision of programmes), after subsection (3) insert— |
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| | | “(3A) | A proposal that a person who is or has been within paragraph (b) or (c) |
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| | | of section 30(1) is to have a duty to secure that a programme is carried |
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| | | out may not be made if the Secretary of State would be prevented from |
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| | | giving a notice under section 29(1) to the person by virtue of section |
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| | | 31(A1) if the programme had not already been approved under this |
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| | Page 69, line 16, leave out Clause 78. |
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| | Page 76, line 16 [Clause 88], after ‘Secretary of State’, insert ‘or the Scottish |
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| | Page 76, line 29 [Clause 88], after ‘Secretary of State’, insert ‘or the Scottish |
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| | Page 76, line 33 [Clause 88], after ‘Act’, insert ‘or an Act of the Scottish |
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| | Page 77, line 5 [Clause 89], after ‘section’, insert ‘[Smart meters: |
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| | Page 77, line 5 [Clause 89], after ‘Act’ insert ‘or an Act of the Scottish Parliament’. |
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| | Page 77, line 11 [Clause 89], at end insert— |
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| | | ‘( ) | In the case of a statutory instrument containing an order or regulations made by |
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| | | the Scottish Ministers, this section has effect as if— |
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| | | (a) | in subsection (1) the reference to either House of Parliament were a |
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| | | reference to the Scottish Parliament, |
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| | | (b) | in subsection (2)(b) for “91(2)(a)” there were substituted “91(3)(a)”, and |
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| | | (c) | in subsection (3) the reference to each House of Parliament were a |
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| | | reference to the Scottish Parliament.’. |
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| | Page 77 [Clause 91], leave out lines 21 to 23 and insert— |
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| | | ‘(a) | an Act, or Act of the Scottish Parliament, passed before the end of the |
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| | | session in which this Act was passed, or |
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| | | (b) | an instrument made before the end of that session,’. |
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| | Page 77, line 24 [Clause 91], at end insert— |
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| | | ‘(3) | The Scottish Ministers may by order make such modifications of— |
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| | | (a) | an Act, or Act of the Scottish Parliament, passed before the end of the |
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| | | session in which this Act was passed, or |
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| | | (b) | an instrument made before the end of that session, |
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| | | | as the Scottish Ministers consider appropriate in consequence of Chapter 3 of Part |
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| | | 1 of this Act as that Chapter applies in relation to the territorial sea adjacent to |
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| | | Scotland (within the meaning of that Chapter) or in relation to functions of the |
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| | Page 77, line 30 [Clause 93], at end insert— |
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| | | ‘(1A) | The Scottish Ministers may by order make any transitional, transitory or saving |
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| | | provision which appears appropriate in consequence of, or otherwise in |
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| | | connection with, Chapter 3 of Part 1 of this Act as that Chapter applies in relation |
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| | | to the territorial sea adjacent to Scotland (within the meaning of that Chapter) or |
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| | | in relation to functions of the Scottish Ministers.’. |
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| | Page 77, line 31 [Clause 93], after ‘(1)’, insert ‘or (1A)’. |
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| | Page 77 [Clause 93], leave out lines 33 to 35 and insert— |
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| | | ‘(a) | an Act, or Act of the Scottish Parliament, passed before the end of the |
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| | | session in which this Act was passed, or |
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| | | (b) | an instrument made before the end of that session.’. |
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| | Page 77, line 39 [Clause 94], after ‘sections’, insert ‘, [Power to amend licence |
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| | conditions: smart meters], [Power to amend licence conditions: procedure], [Smart |
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| | meters: supplemental] (and sections 88 and 89 in so far as those sections apply in relation |
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| | to orders made under section [Smart meters: supplemental](3)),’. |
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| | Page 78, line 33 [Clause 96], at end insert— |
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| | | ‘( ) | sections [Power to amend licence conditions: smart meters], [Power to |
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| | | amend licence conditions: procedure] and [Smart meters: supplemental] |
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| | Page 80, line 19 [Schedule 1], leave out ‘as mentioned in that subsection’ and insert |
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| | ‘in the course of carrying out an activity for which a licence under section 3 of the Energy |
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| | Page 80, line 25 [Schedule 1], at end insert— |
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| | | ‘(5) | Subsection (2) does not apply in relation to anything done in, under or over the |
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| | | territorial sea adjacent to Wales or Northern Ireland in the course of carrying on |
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| | | an activity for which a licence under section 17 of the Energy Act 2008 is |
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| | Page 84, line 10 [Schedule 1], at end insert— |
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| | | ‘(e) | after subsection (11) insert— |
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| | | “(12) | This section applies in relation to the Scottish Ministers as it |
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| | | applies in relation to the Secretary of State, and in its |
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| | | application to the Scottish Ministers it is to be read as if for |
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| | | subsections (6) and (7) there were substituted— |
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| | | “(6) | Regulations under this section must be made by statutory |
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| | | instrument and are subject to annulment in pursuance of a |
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| | | resolution of the Scottish Parliament. |
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| | | (7) | Section 192(4) applies in relation to the power of the |
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| | | Scottish Ministers to make regulations under subsection (6) |
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| | | as it applies in relation to an order or regulations made by |
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| | | the Secretary of State or the Treasury. |
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| | | (7A) | The references in this section to relevant energy functions |
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| | | are references to the functions of the Scottish Ministers |
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| | | |
| | | (a) | Chapter 3 of Part 1 of the Energy Act 2008, or |
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| | | (b) | so much of any Community instrument as has |
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| | | effect in connection with— |
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| | | (i) | any activity mentioned in subsection |
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| | | |
| | | (ii) | any activity mentioned in subsection |
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| | | (8)(h) to the extent that the activity is |
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| | | carried on in connection with an activity |
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| | | mentioned in subsection (8)(db).”, |
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| | | | and as if the reference in subsection (11) to the |
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| | | Consolidated Fund were a reference to the Scottish |
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| | Page 130, line 34 [Schedule 4], at end insert— |
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| | | ‘5A | In section 34 (revision of programmes)— |
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| | | (a) | in subsection (2)(a), after “(b)” insert “(ba),”, and |
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| | | (b) | in subsection (3) omit “(d) or”.’. |
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